Why did the Justice Department conclude that Michael Brown didn’t cry out “Don’t shoot” and that, if he had his hands up, it was only for a moment before he began moving back toward Ferguson police officer Darren Wilson?

The NAACP Legal Defense Fund’s request for a St. Louis County judge to consider a new grand jury and special prosecutor in the death of Michael Brown calls for an action that is without precedent.

No Missouri court has appointed a special prosecutor and empaneled a second grand jury over the objection of the local prosecutor whose first grand jury did not indict, legal experts say. Nor does there appear to be a precedent anywhere else in the country.

Some believe St. Louis County Prosecuting Attorney Bob McCulloch’s investigation of the Michael Brown killing was a fair, thorough and proper use of the grand jury to investigate the facts and sound out the community in a highly sensitive case. McCulloch’s press conference and his decision to release transcripts of the grand jury proceedings were sensitive and transparent.

The Constitution does not permit police to fire at unarmed, nonviolent, fleeing suspects unless there is a significant threat of death or serious physical injury to the officer or the public.

The police account of Saturday's events is that Michael Brown fought for a gun in a police cruiser before being shot dead a short distance from the car. Given that account, one question in Brown’s shooting death at the hands of Ferguson police is whether Brown would be considered a non-dangerous suspect.